The problem

In October 2014, the Department for Education (DoE) published supplementary advice to schools on what are called the ‘childcare disqualification requirements’. This caused significant confusion and resulted in hundreds of people being suspended from their jobs.

In particular, this updated guidance makes it clear that the Rehabilitation of Offenders Act applies to the “by association” element of the process:

“Employees cannot be required to disclose spent cautions and convictions relating to individuals who live or are employed in the same household as them” (Page 11 of the statutory guidance).

The requirements have been around for a number of years, and apply to registered childcare provision outside of schools, but it’s only since October 2014 that the DoE has made it clear that these also apply to primary schools, and one aspect that’s received the most attention has been the ‘disqualification by association’ part.

This system means that not only are individuals with convictions affected in their own employment chances within school settings as a result of DBS checks and these regulations directly, but this system can also result in their partners, and others they live with, being potentially prevented from doing their jobs too.

It seems that the regulations were originally intended to be used in childcare settings where partners and others living in the household may have contact with the individuals being cared for.

We’ve had reports that Trade Unions have been inundated with cases of individuals being suspended, and one of the main reasons seems to be the lack of clarity about how this system actually operates and who it affects.

What we think needs to change

Ultimately, we’re calling for the application of these regulations to primary schools to be scrapped.

What we’re doing

We are working with a number of organisations to do all that we can to try and challenge this system, particularly the ‘disqualification by association’ element.

As part of this work, we’re looking to collect as many examples as possible of individuals directly affected by the ‘disqualification by association’ element, so please let us know if this has affected you.

Ultimately, we’re calling for the application of these regulations to primary schools to be scrapped.

What we’ve achieved

February 2015 – Many organisations, including Unlock, have been putting pressure on the Government, which has resulted in them removing their supplementary advice and replacing it withstatutory guidance published in February 2015.

Media enquiries

Latest news on this issue

Commenting on today’s news of changes to the childcare disqualification arrangements, Christopher Stacey, co-director of Unlock, said: “Today’s announcement to scrap the ‘disqualification by association’ rule from schools is long overdue but very welcomed. We’ve been calling for it to be scrapped for nearly 4 years because it did nothin...

As a result of his conviction, Terence was required to notify his public protection officer of any new relationships that he started. Shortly after meeting Lauren through friends, Terence disclosed his conviction to her and she agreed to go with him to the police station to meet his public protection officer. At that meeting, Lauren...

Sadie had been studying for a teaching qualification at university when details of her new partner’s conviction for a sexual offence were disclosed on the additional information section of her enhanced Disclosure and Barring Service certificate. On receipt of the certificate, the university immediately contacted her to inform her that it was ...

When she was 38 weeks pregnant, Louisa was told by her employer (a school) that as a result of her husband’s criminal record, she was ‘disqualified by association’ and would be suspended from her job as a teacher until she had applied for, and been granted a waiver, by Ofsted. The school provided her with...

In 2017 Cheryl’s son was convicted of a sexual offence. He received a suspended sentence and was put on the Sex Offenders Register. Immediately the result of the case was known Cheryl, who was working as a primary school teacher, went to see the head teacher of her school to explain the situation. Although the...